DOUGHERTY v. TORRENCE

No. 81-1910.

2 Ohio St. 3d 69 (1982)

DOUGHERTY, APPELLEE, v. TORRENCE, APPELLANT.

Supreme Court of Ohio.

Decided December 22, 1982.


Attorney(s) appearing for the Case

Mr. Wendall Sullivan and Mr. John P. Scahill, for appellee.

Gustin & Lawrence Co., L.P.A., Mr. James W. Gustin, Mr. Christopher J. Mehling and Mr. Kevin Jones, for appellant.


KRUPANSKY, J.

The issue presented for review by the court of appeals is whether a volunteer fire fighter qualifies for immunity under R.C. 701.02.

R.C. 701.02 provides in relevant part:

"The defense that the officer, agent, or servant of the municipal corporation was engaged in performing a governmental function, shall be a full defense as to the negligence of:

"* * *

"(B) Members of the fire department while engaged in duty at a fire...

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